This matter is before the Court on Defendant Bayer HealthCare Pharmaceuticals Inc.'s ("Bayer") motion, pursuant to Case Management Order 12 ("CMO 12"), for an Order dismissing Plaintiffs' claims, in the above-captioned matters, without prejudice for failure to comply with their Plaintiff Fact Sheet

The Plaintiffs in the above-captioned matters were required to serve a completed PFS on or before January 3, 2011.*fn2 Bayer asserts that although the plaintiffs in the above-captioned matters have served PFSs, each PFS is still delinquent pursuant to CMO 12. As an example, Bayer states that each PFS is deficient in one or more of the following ways: x Plaintiff has failed to sign the PFS declaration x Plaintiff has failed to provide responsive and substantially complete answers to PFS questions regarding personal and family medical history.

x Plaintiff has "responded" to certain questions by stating "see medical records" (even though some have not produced medical records) or "plaintiff will supplement."

x Plaintiff has failed to submit completed and signed record release authorizations or a completed Federal Disclosure form.

Under Section E of CMO 12, Plaintiffs were given 14 days from the date of Bayer's motion, in this case 14 days from April 20, 2011, to file a response either certifying that they served upon Defendants and Defendants received a completed PFS, and attaching appropriate documentation of receipt or an opposition to Defendant's motion.*fn3 To date, none of the Plaintiffs in the above captioned member actions has filed a response. Because the Plaintiffs in the above captioned cases have failed to respond to Bayer's allegations, the Court finds that these Plaintiffs have failed to comply with the PFS obligations under CMO 12. Accordingly, the Court hereby ORDERS as follows:

x The above captioned member actions are DISMISSED WITHOUT PREJUDICE for failure to comply with the requirements of CMO 12.

x Further, the Court reminds Plaintiffs that, pursuant to CMO 12 Section E, unless Plaintiffs serve Defendants with a COMPLETED PFS or move to vacate the dismissal without prejudice within 60 days after entry of this Order, the Order will be converted to a Dismissal With Prejudice upon Defendants' motion.

SO ORDERED

Digitally signed by David R. Herndon Date: 2011.05.06 17:04:36 -05'00'

Chief Judge United States District Court

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